Health Minister Khairy Jamaluddin has clarified that medical marijuana is still controlled under the Dangerous Drugs Act 1952 - otherwise known as Act 234.
Khairy said this in a written parliamentary reply to Seputeh MP Teresa Kok who asked what the ministry would do, after Khairy’s November 2021 announcement to move cannabis from Schedule I under Act 234 to a lower schedule to ease the import of cannabis products.
“The Health Ministry (MOH) never issued a statement that medical marijuana was no longer under the Dangerous Drug Act (DDA) 1952. Cannabis is still controlled as a dangerous drug under Act 234.
“However, the MOH stated that the existing act - which regulates cannabis and its products in Malaysia namely Act 234, Poisons Act 1952 (Act 366) and Sale of Drugs Act 1952 (Act 368) - does not prevent the import and consumption of products containing cannabis extract for medicinal purposes,” said Khairy.
He added that a medicinal product containing cannabis extract can be imported, sold, supplied and used in Malaysia if compliant with the relevant legal requirements.
Products containing cannabis should be registered with the Drug Control Authority (DCA) as prescribed by the Control of Drugs and Cosmetics Regulation 1984 under the Sale of Drugs Act
Licence and import permit
Importers must also have a licence and import permit under the Control of Drugs and Cosmetics Regulation, the Poisons Act as well as the Dangerous Drugs Act.
The sale or retail supply for medical treatment for selected patients must be carried out by a medical practitioner registered under the Medical Act 1971 or a registered pharmacist with a Type A licence to certain individuals based on prescriptions issued by registered medical practitioners.
According to Khairy, there are currently no products that contain cannabis extract for medical purposes under the Control of Drugs And Cosmetics Regulations 1984.
“The DCA registered one cannabis-based product named Sativex in 2014. However, at the request of the company itself, the registration of this product was cancelled in 2017.
“Thus, the MOH welcomes applications to conduct clinical trials on products containing cannabis extract for any medicinal purpose in Malaysia, subject to compliance with the law,” said Khairy.
Breakthrough moment
Khairy's answer on medical marijuana in November 2021 was regarded as a breakthrough moment.
Prior to that, the status of medical marijuana was not clear, and distributors would have faced the death penalty if it was found in their possession.
The announcement, at the time, was lauded for being “data and science-driven” by those in the opposition such as Muar MP Syed Saddiq Abdul Rahman. - Mkini
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